You are here

Pet Damages: Related Cases

This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.

A racehorse breeder and owner brought suit against a racetrack for the loss of future winnings after a racehorse collided with a negligently maintained gate on the racetrack. The trial court awarded plaintiff $38,000 without specifying what the award was for. The Court of Appeals affirmed the decision holding the award was not unreasonable based on the horse's racing history.

Defendant shot and killed Plaintiff's dog, which had bitten Defendant's daughter several days earlier, for the purpose of sending the dog's head to a laboratory for examination for rabies. The Court of Appeals of Alabama found that Plaintiff's wife's injuries were too remote to be compensable, when the wife was not home at the time of the incident and became excited and hysterical upon hearing of the incident several hours later. The Appeals Court also held that although one may protect himself or his family from injury by a dog or other animal when on his own private property or on public property, the destruction of an animal is wrongful when the danger of attack and subsequent injury by that animal no longer exists, and where the animal is not trespassing.

This is an action against a veterinarian for negligence, claiming that the defendant performed unwanted sterilization surgery on the plaintiff's dog, a Lhasa Apso. The court held that there is also a question of fact regarding whether performing an unwanted operation on the dog is, under the circumstances, actionable as reckless conduct. However, the court observed that, at the time of the trial it is unlikely that the plaintiffs will be able to recover, as an element of damages, any alleged emotional distress they may have experienced as a result of the surgery on their dog.

This case arises out of several shooting incidents in the City of High Point, North Carolina. In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights. The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights.

In this Kentucky case, the plaintiffs brought an action against the county dog warden for shooting their dog. Before the statutorily imposed 7-day waiting limit had expired, the warden euthanized the dog by shooting him in the head. The Court of Appeals held that while a family dog can be beloved by a family, loss of the pet does not support an action for loss of consortium. Further, the dog warden was not liable for intentional infliction of emotional distress because his actions did not rise to the outrageous level where the dog was not shot in the presence of the family and there was no evidence that Brewer intended to inflict emotional harm.

A paper manufacturing company sprayed pesticides on their tree grove, but accidentally over sprayed killing some of plaintiff's commercial bees. The commercial beekeeper sued the paper manufacturing company and the trial court granted summary judgment in favor of the paper company. The Supreme Court of Minnesota ultimately reversed the grants of summary judgment on the commercial beekeeper's negligence claims and affirmed dismissal of the nuisance claims.

In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309.

This case involved the killing of a dog by defendant's minor son. While the issues on appeal were mostly procedural, the court did find that dogs belong to a class of personal property for which a witness can testify as to their value.

Joe Riggi delivered his two unregistered Pomeranian dogs to the Armstrongs' Poodle Parlor to be bathed and groomed. The dogs died while in the care of the bailee. Riggi commenced this action to recover damages alleging that the dogs were worth more than $10,000. The issue on appeal was whether the trial court incorrectly interpreted the state court rule regarding attorney fees. Since the appellate court did in fact determine error, the case was remanded.

This appeal arises from a suit for conversion filed by Shalanda Augillard alleging that Tiffany Madura and Richard Toro wrongfully exercised dominion and control over Augillard's black cocker spaniel, Jazz, who was recovered from New Orleans in the wake of the Hurricane Katrina. The central issue at trial and the only disputed issue on appeal is whether Augillard's dog, Jazz, and the dog that Madura adopted from New Orleans after Hurricane Katrina, Hope, are in fact the same dog. Augillard asserts on appeal that the trial court erred in disregarding conclusive evidence, including forensic DNA analysis, establishing that Hope and Jazz are the same dog.

In this Oklahoma case, plaintiff purchased a pointer dog for a payment of $800 cash, whom he purchased for breeding purposes. Plaintiff alleged, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that plaintiff had for many years been engaged in the business of operating kennels. In affirming the judgment for plaintiff, the court held that the purchase of a dog with the knowledge of the seller that it is bought exclusively for breeding purposes gives rise to a warranty of fitness for such purpose where the buyer relies upon the seller's skill and judgment that the dog is fit for such purpose. Where a sale of highly bred stud dog for breeding purposes is rescinded for breach of an implied warranty, because of sterility, the purchaser can recover what he paid under the contract and expenses necessarily incident to caring for the dog but he cannot, in addition, recover damages for the breach of the implied warranty of the dog's usefulness for breeding purposes.

Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff's dogs. The court held the following: “[T]he claim for emotional distress arising out of the malicious destruction of a pet should not be confused with a claim for the sentimental value of a pet, the latter claim being unrecognized in most jurisdictions.
Secondly we do not think, as defendant argues, that
the owner of the maliciously destroyed pet must have witnessed the death of his or her pet in order to make a claim for emotional distress.” Pennsylvania has summarily rejected a claim for loss of companionship for the death of a dog.

Louisiana dog owners sued motorist for mental anguish and property damage
after their dog was hit and killed by defendant's car. The lower court awarded damages to each of the dog owners in the total amount of $10,000. The Court upheld that the damages award of $10,000 because the dog was killed as a result of motorist's negligence, the owners were nearby and immediately arrived at scene to find their beloved dog dead, the dog was extremely valuable to owners, who had a close family-like relationship with dog for approximately 12 years, and the loss caused the owners to suffer psychic trauma.

The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement.

This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.

This Virginia case concerned the shooting of plaintiff's companion animal where defendant alleged that the dog was worrying his livestock. The court reversed judgment for defendant, finding that defendant’s act of killing dog while not engaged in the act of “worrying the livestock,” was not authorized within the statute.

This was an action of trespass, brought by appellant against appellee, for the alleged wrongful killing, by the latter, of appellant's dog. Plaintiff sought recovery for his dog that was shot and killed when it entered into defendant/neighbor’s backyard. The Court held that the plaintiff could recover at least nominal damages, regardless of the fact that the animal had no actual market value.

This unpublished Washington case stems from an attack on plaintiff's dog by a neighbor's dog. Plaintiff sued for damages, alleging negligence and nuisance. The trial court ruled on partial summary judgment that the plaintiff's damages were limited, as a matter of law, to the dog's fair market value. The plaintiff argued that she was entitled to damages based on the dog's intrinsic value (i.e., utility and service and not sentimental attachment) and her emotional distress. On appeal, this court held that since the plaintiff failed to carry her burden of showing that her dog had no fair market value, the trial court properly limited damages to that value. Further, because the plaintiff's nuisance claims were grounded in negligence, she was not entitled to damages beyond those awarded for her negligence claim.

This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog. While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole. While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.

This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."

In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.

This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.

Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.

This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog. The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment. The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure. Specifically, the court held that
when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment.
The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.

Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress. The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.

In
Burlington
& M.R.R.R. in Nebraska v. Cambell
, 14 Colo. App. 141 (Colo. Ct. App. 1899), plaintiff’s horse was killed by a train. Although the court reversed the verdict for the plaintiff for failure to prove defendant’s negligence, the court allowed witness testimony on the market value of the mare.

The plaintiffs' dog died after being left in a hot van during transport from the Hawaii Quarantine Station to the veterinarian's office. The court held that it was not necessary for plaintiffs to witness the dog's death to recover for serious mental distress and that medical testimony was not necessary to substantiate plaintiffs' claims of emotional distress. In affirming the trial court's award for damages for the loss of property (the dog), the court held that the trial "court correctly applied the standards of law . . . and the issues of whether the damages were proximately caused by the defendant and have resulted in serious emotional distress to the plaintiffs are therefore within the discretion of the trier of fact."

Owner's dog was killed by a negligently driven car. The owner sued to recover damages for loss of companionship. The court held that dogs are personal property and damages for sentimental value, mental suffering, and emotional distress are not recoverable.

After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees. The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others. Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious.

Appellant, Pet City and Supplies, Inc. appealed from the judgment in the amount of $1,638.52 entered in favor of Appellee, Christopher A. Cavallini following a bench trial. The trial court determined that Cavallini was entitled to damages due to Pet City's violations of the Dog Purchaser Protection provisions of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Cavallini purchased a Yorkshire terrier puppy from Pet City that was represented as a pure bred. After several attempts, Pet City failed to supply Cavallini with the requisite registration papers. On appeal, Pet City contended that the trial court erred as a matter of law by determining a private action can be brought under the Dog provisions of the UTPCPL, and erred as a matter of law by imposing a civil penalty against Pet City under the UPTCPL. In finding that the statute does provide a private cause of action, the court looked to the purpose of the statute rather than the plain language. However, the court found the inclusion of a civil penalty in the part that allows a private action was inconsistent with the statute.

In this Maine case, the defendant was found liable for trespass after he killed the plaintiff's dog. Defendant asserted that the dog was trespassing on his premises, and was “then, or had been immediately before the shooting, engaged, with two other dogs, in chasing and worrying his domesticated animals, to wit, tame rabbits." As a result, he claimed that the killing was justified. This court first disagreed with defendant's claim that an unlicensed dog is not property because it constitutes a nuisance. This court found that, by the common law, a dog is property, for an injury to which an action will lie.
Moreover, the statute to which defendant claims authority to kill an unlicensed dog only allows a constable to do so after a proscribed lapse.

This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.

This is an action for negligently injuring and killing a dog by the driver of a streetcar. The Supreme Court of Tennessee affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that since large amounts of money are now invested in dogs, and since they are regarded as companions to many in society, they now have "a distinct and well established status in the eyes of the law." Thus, the owner of a dog has property rights in that dog to maintain an action at law. The Supreme Court of Tennessee found that the defendant company was guilty of negligence in the killing of Dew's dog, that his death could have been prevented by the exercise of proper care and diligence.

In 1898, this court affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that, "Large amounts of money are now invested in dogs, and they are extensively the subjects of trade and traffic. They are the negro's associates, and often his only property, the poor man's friend, and the rich man's companion, and the protection of women and children, hearthstones and hen roosts. In the earlier law books it was said that "dog law" was as hard to define as was "dog Latin." But that day has passed, and dogs have now a distinct and well established status in the eyes of the law."

Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.

In this Georgia case, Woolfolk brought a suit to recover the value of a dog that he alleged was willfully and wantonly killed by the running of a street car on defendant's line of road. The defendant demurred specially to the paragraph that alleged the value of the dog to be $200. Defendant argued that the measure of damages could not be based on the value of the dog because dogs have no market value. The court disagreed, first noting that, by the common law a dog is property, for an injury to which an action will lie and the modern trend is to value dogs in the same way other domestic animals are valued. Further, the court found a "better rule" for ascertaining the measure of damages: “The value of a dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown. Judgment affirmed.

Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person.

In this Pennsylvania case, defendant was prosecuted for killing a cat that belonged to his neighbor. The section under which he was prosecuted prohibited the killing of a 'domestic animal of another person.' However, a cat was not one of the animals defined as a ‘domestic animal’ by the Act. Using rules of statutory interpretation, the court found that the omission of 'cat' from the listed species of the penal code provision was intentional by the legislature, and thus the defendant's sentence was discharged.

This Wyoming case concerns the application of the sales provisions of the Uniform Commercial Code as adopted in Wyoming (ss 34-21-201 through 34-21-299.5, W.S.1977) to a sale of a registered Black Labrador retriever which was intended for competition in field trials. More specifically the question is whether the continued physical ability of this retriever, as a matter of law, was precluded from becoming part of the basis for the bargain of the parties. The court agreed with the district court in this instance that, as a matter of law, the expressions of the seller relative to the potential of this retriever were only expressions of opinion or commendation and not an express warranty.

Plaintiff sued for mental suffering after she discovered a dead cat in the casket that was meant for her dead dog in an elaborate funeral for the dog. In ruling that the plaintiff was entitled to damages beyond market value for this actionable tort, the court found that plaintiff Ms. Corso did suffer shock, mental anguish and despondency due to the wrongful destruction and loss of the dog's body. The court specifically distinguished a pet from other sentimental inanimate objects as they are not capable of returning love and affection.

The plaintiffs claimed that they purchased horse feed from the first respondent and that the feed was contaminated with monensin. The second respondent manufactured the feed. They claimed that as a result, one of their horses died and five others were permanently injured so that they could not be used for the desired purpose. After addressing several factual issues, the trial judge found for the plaintiffs in regards to the issue of negligence by the second respondent and proceeded to assess damages with regard to the economic value of the horses to the plaintiffs, the cost of replacement, loss of profits and maintenance.

Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays. The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test. With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal.

1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment.

2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.)

This is an Illinois' small claims action involving the death of plaintiffs' show dog. Plaintiff alleged that defendant ran over the dog while it was tied up near the driveway. Defendant denied plaintiff’s allegations that defendant ran over the dog and used a cover-up story. The court upheld an award of five-hundred dollars although the purchase price was two-hundred. Plaintiff testified that he paid $200 for his dog when it was a puppy, but it had appeared in four shows, winning first prize in each. Evidence was considered for commercial value and special qualities in that case.

In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff.

In this Mississippi case, a horse owner brought negligence action against digging service when one of his horses was found dead near a trench dug by the service; the service refused to compensate owner for the value of his horse. The lower court found in favor of the digging service. On appeal, the court affirmed the lower court, finding that the digging service used reasonable care in digging and filling of horse owner's trench.

Plaintiffs brought action against Defendant for damages after Defendant shot and killed Plaintiffs’ dog.
The Trial Court set aside a jury verdict granting Plaintiffs $100,000 in actual and $25,000 in punitive damages, on the ground that the verdict was excessive.
On appeal, the District Court of Appeal, First District, Division 1, California, affirmed the Trial Court decision, finding that the Trial Court was justified in holding that both the actual and punitive damages awards were grossly excessive, given the circumstances under which the incident occurred.
In making its decision, the Court of Appeal pointed out that, although this particular dog had been in the motion picture industry, dogs are nonetheless considered property, and as such, are to be ascertained in the same manner as other property, and not in the same manner as human life.

Plaintiffs sued defendants to recover value of a horse that was wrongfully taken from them. The Court held that evidence was admissible to establish the value of the horse at the time of the wrongful taking to fix the damages amount. The peculiar value of the horse as a sire was established by evidence as to the horse’s racing history and to its progeny’s character and racing ability. Owners were entitled to recover damages for the reasonable value of the horse’s use during the period they were wrongfully deprived of it.

Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment.